Beijing's Sun Xiaoguo? Sentenced to life, commuted 9 times in 15 years, after release refused to wear a mask and beat an elderly person to death

[3] Recently, an incident involving Guo, a Beijing native, who, after being released from prison, caused a dispute by not wearing a mask and beat a 70-year-old man to death, has sparked heated discussion.

[4] As early as 2004, Guo was sentenced to life imprisonment for killing his girlfriend. However, after nine sentence reductions, he was released after serving less than 15 years in prison. Many netizens have questioned Guo's sentence reductions, with many comparing him to "the second Sun Xiaoguo."
 

[5] First sentence reduction:
 

On June 25, 2007, just 2 years and 4 months into his imprisonment, Guo received his first commutation—the Beijing High Court ruled to reduce his sentence from life imprisonment to 19 years in prison; his political rights were also changed from permanent deprivation to a deprivation of only 9 years.
 

Second commutation:
 

Just over 1 year and 2 months later, on September 20, 2008, the Beijing First Intermediate Court ruled on Guo’s second commutation, reducing his sentence by 10 months.
 

Third commutation:
 

1 year and 2 months later, on November 20, 2009, the Beijing First Intermediate Court again ruled to reduce his sentence by 10 months.
 

Fourth commutation:
 

Another 1 year and 2 months later, on January 20, 2011, the Beijing No. 1 Intermediate People's Court ruled to reduce his sentence by 11 months.
 

Fifth commutation of sentence:
 

Another 1 year and 2 months later, on March 20, 2012, the Beijing No. 1 Intermediate People's Court ruled to reduce his sentence by 11 months.
 

Sixth commutation of sentence:
 

1 year and over 1 month later, on April 26, 2013, the Beijing No. 1 Intermediate People's Court ruled to reduce his sentence by 11 months.
 

Seventh commutation of sentence:
 

After more than 1 year and 2 months, on July 17, 2014, the Beijing First Intermediate People's Court ruled to reduce his sentence by 1 year.
 

Eighth sentence reduction:
 

After more than 1 year and 3 months, on October 29, 2015, the Beijing First Intermediate People's Court ruled to reduce his sentence by 1 year.
 

That is to say:
 

Since the authority to decide on sentence reductions was transferred to the Beijing First Intermediate People's Court, Guo Moumou has received a sentence reduction approximately every 1 year and 2 months on average. Over more than 7 years, he has accumulated 7 sentence reductions, totaling a reduction of 6 years and 5 months.
 

Ninth sentence reduction:
 

Guo Moumou's ninth commutation came slightly slower. On October 22, 2018, after nearly three years of "holding back," the Beijing Yanqing Prison again proposed a commutation recommendation for Guo Moumou.
 

On July 24, 2019, Guo Moumou was released from prison. Just seven months after his release, on March 14, 2020, he killed someone again! (The above part is sourced from the public account "Senior Reporter")
 

　　So, do the number of commutations and the intervals between each commutation comply with legal provisions? Does the extent of each commutation comply with legal provisions? Under what conditions can commutation be granted in China? Which department must approve it?
 

　　With nine commutations in 15 years, do the number of commutations and the intervals between each commutation comply with legal provisions?
 

A lawyer from Guangdong Zhiming Law Firm stated that according to current Chinese law, there is no limit on the number of commutations. As long as a prisoner meets the conditions for commutation, they can legally receive it. However, there are restrictions on the actual sentence served after commutation.
 

According to Article 16 of the "Regulations on the Commutation of Sentences for Prison Inmates":
 

The actual sentence to be served by a prisoner sentenced to life imprisonment after commutation shall not be less than thirteen years, and the starting time shall be calculated from the date the life sentence is determined.
 

　　Guo's actual term of execution totals 14 years and 5 months, which meets the minimum execution period stipulated by law.
 

According to the 2005 regulations, for criminals sentenced to fixed-term imprisonment of five years or more, the interval between commutations is generally at least one year; for those sentenced to ten years or more, if the previous commutation was two to three years, the interval between commutations shall generally not be less than two years.
 

　　Therefore, the intervals between Guo's first eight commutations, each exceeding one year and one month, are lawful.
 

However, in 2016, the Judicial Committee of the Supreme People's Court passed the "Latest Detailed Rules on Commutation and Parole" (hereinafter referred to as the "Rules"), effective from January 1, 2018.
 

Article 8 of the newly issued "Rules" stipulates that when a life-sentenced prisoner is commuted to fixed-term imprisonment and then further commuted, the extent of commutation shall be implemented in accordance with Article 6 of these Rules. The interval between two commutations shall not be less than two years.
 

Therefore, after the 8th commutation of sentence in 2015, it was not until 2018, with an interval of nearly three years, that Guo Moumou again had the opportunity for commutation.
 

　　In summary, Guo Moumou's nine commutations of sentence, as well as the intervals between them, are all legal.
 

　　Does the extent of commutation comply with legal provisions?
 

Regarding the legal provisions on commutation and parole, the Supreme People's Court has issued a total of four judicial interpretations, namely the "Provisions on the Specific Application of Law in Handling Cases of Commutation and Parole" (hereinafter referred to as the "Provisions"), which came into effect in 1997, 2012, 2017, and 2019 respectively.
 

Guo Moumou's case spans three judicial interpretations from 1997, 2012, and 2017. Although judicial interpretations have retroactive effect, the commutation case at the time of commutation must apply the judicial interpretation then in effect.
 

Article 6 of the Provisions (1997):
 

"A prisoner sentenced to life imprisonment may, if they demonstrate genuine repentance or meritorious performance during their sentence, have their sentence commuted after serving two years. The extent of commutation is: for those who show genuine repentance or meritorious performance, the sentence may generally be commuted to fixed-term imprisonment of not less than 18 years and not more than 20 years."
 

　　Therefore, Guo Moumou's first commutation, on June 25, 2007, after serving only 2 years and 4 months, from life imprisonment to 19 years of fixed-term imprisonment, complies with legal provisions.
 

"Regulations" (1997) Article 2:
 

For criminals sentenced to fixed-term imprisonment of ten years or more, if they show outstanding repentance or meritorious performance, a single commutation shall not exceed two years of fixed-term imprisonment; if they show outstanding repentance and meritorious performance, or have major meritorious performance, a single commutation shall not exceed three years of fixed-term imprisonment.
 

　　All commutations for Guo Moumou up to 2012 applied these regulations, and the extent of commutation did not violate them.
 

The three commutations for Guo Moumou from 2013 to 2015 should apply the 2012 "Regulations" (effective July 1, 2012), which are consistent with the 1997 regulations regarding the extent of commutation and time intervals.
 

Article 5 of the "Regulations" (2012) stipulates: "If there is genuine repentance or meritorious performance, a commutation of sentence generally shall not exceed one year of fixed-term imprisonment at one time."
 

The commutation of sentence in 2018 should apply the 2017 "Regulations," which saw significant changes compared to the previous version.
 

Article 6 of the "Regulations" (2017) stipulates: "If there is genuine repentance or meritorious performance, a commutation of sentence shall not exceed nine months of fixed-term imprisonment at one time"; Article 7 further stipulates that for those sentenced to more than ten years of fixed-term imprisonment due to eight types of violent crimes, the interval between two commutations shall be at least one year and six months.
 

　　Therefore, the extent and time interval of Guo Moumou's commutation of sentence in 2018 also comply with the provisions of the judicial interpretation.
 

　　What conditions must be met for a commutation of sentence? Which department must approve it?
 

Criminals sentenced to certain penalties for criminal offenses are not necessarily required to serve the original sentence; under certain conditions, their sentence may be commuted. However, commutation must go through legal procedures, requiring the prison authority to submit a commutation proposal to an intermediate people's court or above, and the court must form a collegial panel to review it. Only if the conditions for commutation are truly met will a ruling be made to grant the commutation.
 

Article 30 of the Prison Law stipulates that a recommendation for commutation of sentence shall be submitted by the prison to the people's court, and the people's court shall review and rule on it within one month from the date of receipt of the recommendation; if the case is complex or under special circumstances, the period may be extended by one month. A copy of the commutation ruling shall be sent to the people's court.
 

The basis for commutation of sentence can be summarized into three categories: genuine demonstration of repentance, meritorious performance, and major meritorious performance.
 

According to Article 78, Paragraph 1 of the Criminal Law, criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment, or life imprisonment who, during the execution of their sentence, earnestly comply with prison regulations, accept education and reform, and genuinely demonstrate repentance, or who have meritorious performance, may have their sentences commuted; those with major meritorious performance shall have their sentences commuted.
 

Among these, meritorious performance and major meritorious performance have relatively rigid evaluation criteria. Based on available information, Guo Moumou likely achieved commutation through "genuine demonstration of repentance."
 

According to the Supreme People's Court's Provisions on Several Issues Concerning the Specific Application of Law in Handling Commutation and Parole Cases, genuine demonstration of repentance means that the following four aspects must be present:
 

First, admitting guilt and accepting the legal judgment.

2. Earnestly abide by prison regulations and accept education and reform

3. Actively participate in political, cultural, and technical studies

4. Actively engage in labor and fulfill production tasks
 

An important basis for evaluating "genuine signs of reform" is the "Regulations on Scoring and Assessing Prisoners" issued by the Ministry of Justice, which details the scoring method for prisoners during their sentence to assess their education, reform, and labor reform.
 

In fact, commutation of sentence, as an important penal execution system, has played a significant role in China's judicial practice. It can alleviate prison overcrowding to some extent, reduce the national economic burden, and motivate criminals to actively reform, striving for early release, thereby stabilizing the normal order of supervision and reform in correctional facilities. However, in response to public doubts, relevant authorities must promptly clarify to uphold judicial authority.
 

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